Scope of the Arbitration Agreement.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and MarketPlus AI agree that any legal dispute or claim between you and MarketPlus AI arising out of, relating to or concerning this Site and/or this agreement, any communications between you and MarketPlus AI, or your participation in any other program or service provided by MarketPlus AI, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below or unless you are permitted to resolve your legal dispute or claim outside of arbitration pursuant to this Arbitration Agreement.
All arbitration proceedings between you and MarketPlus AI will be governed by the rules of the American Arbitration Association then in effect (the “Rules”). You or MarketPlus AI may commence arbitration against the other by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement between you and MarketPlus AI. If you and MarketPlus AI cannot agree on the appointment of a single arbitrator within 30 days after the request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted at a site specified by MarketPlus AI in Miami, Florida. The award of the arbitrator will be the exclusive remedy of you and MarketPlus AI for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrator may require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in a state court presiding over Miami, Florida or, if subject matter jurisdictional requirements can be satisfied, the United States District Court for the Southern District of Florida, and you irrevocably submit to the jurisdiction and venue of any such courts in any action or proceeding brought to enforce a judgment. Any additional costs, fees or expense incurred in enforcing the award may be charged against the party that resists its enforcement.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO SUE OR TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, INCLUDING ANY CLASS-ACTION SUIT.
Notwithstanding the foregoing waiver, either you or MarketPlus AI may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply. Furthermore, you may file a petition seeking to bring a claim for public injunctive relief, if provided for under applicable statute, before a court of proper jurisdiction and venue as stated in this agreement. If such a court finds that the right to pursue a claim for public injunctive relief in court is permitted despite this Arbitration Agreement, you may proceed with such claim in such court. The term “dispute” means any dispute, action, claim, or other controversy between you and MarketPlus AI, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the lawsuit waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of such waiver.